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Theft suspect admits to sufficient facts

By Lisa Redmond, lredmond@lowellsun.com

Updated:
02/04/2013 06:34:34 AM EST

AYER -- When a Townsend homeowner returned home after the Fourth of July holiday, he caught his son's friend, Justin R. Galvin, inside his house -- for the second time in three weeks -- stealing from him and wearing the evidence on his finger.

In Ayer District Court on Wednesday, Galvin, 20, admitted to sufficient facts to charges of breaking and entering, larceny over $250 and vandalism for the July 6 incident.

Judge Mary McCallum continued Galvin's case without a finding for 18 months while he is on probation. While on probation, Galvin, who takes medication for ADHD, must continue with counseling, submit to a drug abuse evaluation and treatment.

McCallum opted for a continued without a finding, verses the guilty finding requested by prosecutors, because she is "familiar with the burdens of ADHD."

But she told Galvin: "It is not a sufficient excuse to break into someone's house."

Prosecutor Tommy Noda explained that when the Townsend homeowner returned from vacation at 2:46 p.m., he found his house had been broken into and Galvin in the home.

Noda said the homeowner had allegedly caught Galvin in his home three weeks earlier.

The homeowner told police that numerous electronics and jewelry were missing for a total of $4,000 in stolen items and damage, Noda said.

The only item recovered was the homeowner's son's class ring, which Galvin was wearing, Noda said.

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The grandmother's stolen jewelry was "irreplaceable," Noda said.

A restitution hearing is scheduled for April 3.

Galvin's attorney said his client is attending college and working part time. He has no prior record and hasn't been in any trouble since.

Co-defendant Jessica L. Duplak, 19, of Townsend, has pleaded not guilty to a single charge of breaking and entering into a building. Her next court date is a final pretrial conference on April 10.

Duplak has pending breaking-and-entering and larceny cases in Lowell District Court after the former UMass Lowell student was accused last September stealing dozens of textbooks from fellow students.

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